(PS) Bunio v. Victory Packaging, L.P.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VINCE BUNIO, No. 2:18-cv-897-KJM-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS VICTORY PACKAGING, L.P., Defendant.

17 This case was before the court on February 5, 2020, for hearing on defendant Victory Packaging, L.P.’s motion for summary judgment or, in the alternative, partial summary judgment (ECF No. 22) and plaintiff’s motion under Federal Rule of Civil Procedure (“Rule”) 56(d) to defer consideration of defendant’s motion (ECF No. 24). Attorneys Lara de Leon and Paul Smith appeared on behalf of defendant; plaintiff appeared pro se. At the hearing, the court granted plaintiff’s Rule 56(d) request to postpone resolution of the summary judgment motion and provided him until February 21, 2020 to obtain evidence from third-party Michael Michelucci and to file a brief addressing how any obtained evidence defeats defendant’s motion for summary judgment. See ECF No. 30. Plaintiff has since submitted a…